UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OFTHE 

## JUN 3 0 2011 REGIONAL ADMINISTRATOR The Honorable Peter Yucupicio Chairman ofthe Pasqua Yaqui Tribe 7474 South Camino De Oeste Tucson, Arizona 85757 Dear Chairman Yucupicio: Thankyou for your letter ofDecember 14, 2009 providinginformation onthe potential economic impact to the Pasqua Yaqui Tribe ofnew airpollution controls atthe Navajo Generating Station in response to the EPA's Advanced Notice ofProposed Rulemaking to implementthe Best Available Retrofit Technology requirement ofthe Regional Haze Rule onthe FourComersPowerPlant and NGS. By letter dated November 13,2009, the Acting Regional Administrator ofRegion IX invited eachTribe in Arizonato engage in consultation on NGS. From the resulting discussions in 2009 and 20I0, I understand that many Tribes in Arizona are concerned aboutthe potential effects ofourrulemaking on Tribal water settlement agreements. The EPA is currently conducting an economic analysis to inform ourdetermination ofthe appropriate control technology as BART for NGS. Because ofthe potential impact ofour rulemaking, in accordance with the Federal trust obligation to Indian Tribes and EPA's May 4,2011 consultation policy, I invite the Pasqua Yaqui Tribe to engage in government-to-govemment consultation priorto ourproposed rulemaking for NGS. Consultationbetween the leaders ofthe Tribe and senior management at the EPA is critical for EPA to fully understand the unique impact this rulemaking may have on Tribes. Because EPA Region IX is developing the Federal Implementation Plan to implement the BARTrequirement for NGS, Administrator Jackson has determined that consultation should occur within the region. Ifyou wish to engage in govemment-to-government consultation on NGS, please have your staffcontact Ms. Laura Mayo at (415) 947-3561. Ms. Mayo will work with your office to schedule a meeting for me withyou and your advisors to initiate consultation. TheEPAhas received requests for consultation from otherTribes inArizona, and my goal is for initial consultation meetings with Tribes to occur during my visit to Phoenix in August. At your request, my staffwill also invite representatives from the Department ofInteriorto participate in any or all ofourconsultation meetings. I am aware ofthe important role NGS serves to the Central Arizona Project, and my staffis working to more fully understand the relationship between CAP and the water settlement agreements that are unique to each Tribe in Arizona. To that end, I am enclosing a spreadsheet that requests information on the Tribe's water sources, as well as projected volume and cost estimates from 2009

- 2035 for each water source. Participation is entirely voluntary and this information will help us document and assess the potential additional impacts ofour rulemaking options onall Tribes receiving water from CAP. If you choose to engage in consultation with the EPA and elect to provide this information, I respectfully request to receivethis information early in the consultation process. I am committed to consulting with

Prinred on Recycled Paperall affected Tribes that request government-to-government consultation prior to ourproposed rulemaking. I look forward to meeting with you should you choose to engage in consultation on NGS. In the meantime, ifyou have any questions or concerns, please do not hesitate to contactme at (415) 947-8702, or have your staffcontact Ms. ColIeen McKaughan, Associate Director for the Air Division, at (520) 498-0118, or Mr. Nate Lau, Associate Director for the Communities and Ecosystems Division, at (415) 972-3839. Sincerely,

Enclosure

cc: Mr. Rolando Flores Attorney General ofthe Pasqua Yaqui Tribe 4725 West Calle Tetakusim, Building B Tucson, Arizona 85747